Does power of attorney supercede the original will?

Asked over 4 years ago - Monterey, CA

parents are deceased i am daughter living in parents home will is clear i also have full power of attorney, but siblings want to evict me or force to pay rent, can they legally do this?

Additional information

i took care of parents,have continued to pay taxes,insurance bills and upkeep of home. siblings know thier is a lien on assets of parents due to all assistance that they recieved in life,so i have suggested to sell property and split proceeds as per their wishes in will.i think they know state wiil probabaly not claim home completely but a portion and they figure to have that money ready when state comes by charging me 1700.00 amonth x36 months and you get the picture

Attorney answers (3)

  1. Geraldine Anne Brown

    Contributor Level 14

    Answered . A power of attorney is no longer valid or useful after the death of the person who granted it.

  2. Alyson Christine Fudge

    Pro

    Contributor Level 9

    Answered . First of all, Powers of Attorney terminate when the principal dies. The principal of your mother's power of attorney would be your mother, and the principal of your father's power of attorney would be your father. If both parents are decease, then both of their powers of attorney are now invalid.

    The real issue is what do your parents' wills say? And have those wills been admitted into probate. If your parents both wished for you to stay in the home, and their wills direct that the home shall pass to you, then you simply need to admit the wills to the appropriate probate court, go through the probate process, and then have the property deeded into your name.

    If, however, the wills say that the home shall be given to you and your siblings in equal shares, then the story changes. If you and your siblings each own a fractional share (something less than 100% each), and you all cannot come to an agreement as to what to do with the house, then an action for quiet title may need to be filed so that a judge can decide what is fair and equitable.

    My advice is to seek legal counsel from a probate attorney who practices law in the state and county in which the home is located. This attorney can explain your rights and the procedures to you depending on which state's laws apply.

  3. Dan W. Armstrong

    Contributor Level 14

    Answered . The Power of Attorney terminates immediately at the point of death. The deceased estate is then controlled by the court appointed Personal Representative. Go see a probate attorney in your area who can quickly resolve your issues.
    If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    822 A1A North, Suite 303
    Ponte Vedra Beach, FL 32082
    (O) 904.280.0058, (F) 904.280.0109
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